Internet providers not subject to Broadcasting Act
Retail internet service providers, such as Rogers and Bell, that provide end?users with access to broadcasting over the internet are not subject to the Broadcasting Act because they have no control over the programming transmitted, the Supreme Court of Canada has ruled.
Under the act, those that provide “broadcasting undertakings” are assumed to have some measure of control over programming.
However, internet service providers (ISPs) that provide the mode of transmission to broadcasting, both video and audio requested by end-users, "take no part in the selection, origination, or packaging of content," the top court said in a decision Thursday.
ISPs merely act as a conduit for information provided by others, and so cannot themselves be held to communicate the information, the court ruled.
"We’re very pleased that the court made the right decision," said Leigh-Ann Popek, a spokeswoman for Rogers, told CBC News in an email.
The appellants, which included the Alliance of Canadian Cinema, Television and Radio Artists, the Canadian Media Production Association, the Directors Guild of Canada and Writers Guild of Canada, had argued that ISPs form part of a single broadcasting system that is subject to regulation under the act.
They based their argument on the 1978 Capital Cities Communications Inc. v. Canadian Radio-television Commission (CRTC) case.
Under a 1968 version of the act, the CRTC had amended Rogers Cable’s licence, allowing it to delete and substitute the television advertisements in the U.S. broadcasts it received before distributing them to Canadian viewers.
The American broadcasting stations attempted to sever the function of receiving television signals from the distribution or retransmission of those signals within a particular province. The court rejected this severance of reception and distribution, ruling it was a single system coming under federal jurisdiction.
In making the ruling Thursday, the top court upheld a 2010 Federal Court of Appeal decision.
In a 1999 report, the CRTC concluded that the term “broadcasting” included programs transmitted to end-users over the internet, but that it was not necessary to regulate broadcasting services provided through the internet.
It exempted these “new media broadcasting undertakings” from the requirements of the Broadcasting Act. However, in 2008, after public hearings, the CRTC revisited the exemption.
One of the issues raised was whether internet service providers — ISPs — were subject to the act when they provided end-users with access to broadcasting through the internet.
The respondents in the Supreme Court case included Bell Aliant Regional Communications, Bell Canada, Cogeco Cable Inc., MTS Allstream Inc.,Rogers Communications Inc., TELUS Communications Company,Videotron Ltd. and Shaw Communications Inc. The CRTC had intervenor status.
Visit link:
Internet providers not subject to Broadcasting Act
- World IPv6 Launch Unites Industry Leaders to Redefine the Global Internet - June 6th, 2012 [June 6th, 2012]
- The Internet now has 340 trillion trillion trillion addresses - June 6th, 2012 [June 6th, 2012]
- Internet has 340 trillion trillion trillion addresses - June 6th, 2012 [June 6th, 2012]
- Internet now has 340 undecillion addresses - June 6th, 2012 [June 6th, 2012]
- Cisco creates a smarter Internet - June 5th, 2012 [June 5th, 2012]
- How the Internet Became Boring - June 5th, 2012 [June 5th, 2012]
- Cisco's new, smarter network for the Internet of things - June 5th, 2012 [June 5th, 2012]
- Internet co-creator Vint Cerf welcomes IPv6 elbow room (Q&A) - June 5th, 2012 [June 5th, 2012]
- Microsoft Just Made the Internet a Little More Private for Everyone - June 5th, 2012 [June 5th, 2012]
- Jefferies Hires Two Senior Analysts to Cover Internet and Interactive Entertainment - June 4th, 2012 [June 4th, 2012]
- Xerocole CTO Exposes Biggest Challenges Facing Internet Service Providers on World IPv6 Launch Day - June 4th, 2012 [June 4th, 2012]
- Kinect-enhanced Internet Explorer coming to Xbox - June 4th, 2012 [June 4th, 2012]
- Internet Solution Source Provides Options to Boost Morale of Stay-at-Home Moms - June 4th, 2012 [June 4th, 2012]
- Internet powers flip the IPv6 switch (FAQ) - June 4th, 2012 [June 4th, 2012]
- Internet Industry Gears up for World IPv6 Launch - June 4th, 2012 [June 4th, 2012]
- Could You Spare Some Internet Access? - June 4th, 2012 [June 4th, 2012]
- The Nation's Top Internet Marketers Shine in Chicago at the Internet Prophets Live Event - June 4th, 2012 [June 4th, 2012]
- Internet's net result on election results - June 3rd, 2012 [June 3rd, 2012]
- Report From Internet Prom 2012 - June 3rd, 2012 [June 3rd, 2012]
- SciTechTalk: Proposed United Nations control of Internet raises alarms - June 3rd, 2012 [June 3rd, 2012]
- Internet address system upgrade likely to be smooth - June 3rd, 2012 [June 3rd, 2012]
- Internet Explorer 10: embedded Flash, Do Not Track, and stable standards - June 2nd, 2012 [June 2nd, 2012]
- FBI: New Internet addresses could hinder police investigations - June 2nd, 2012 [June 2nd, 2012]
- Internet Society’s Sally Wentworth Testifies Before U.S. House of Representatives on International Internet Regulations - June 1st, 2012 [June 1st, 2012]
- The Internet: A Series Of 'Tubes' (And Then Some) - May 31st, 2012 [May 31st, 2012]
- U.N.'s push to regulate the Internet - May 31st, 2012 [May 31st, 2012]
- Internet connections to reach 19 billion by 2016 - May 31st, 2012 [May 31st, 2012]
- Where's the outcry on the U.N. push to regulate the Internet? - May 31st, 2012 [May 31st, 2012]
- U.S. tech companies warn of threat to Internet from foreign governments - May 31st, 2012 [May 31st, 2012]
- The Future Growth of the Internet, in One Chart (and One Graph) - May 31st, 2012 [May 31st, 2012]
- Mike Tyson training Justin Bieber - Video - May 30th, 2012 [May 30th, 2012]
- A 'bat signal' to defend open Internet - May 30th, 2012 [May 30th, 2012]
- Virtual Internet Nominated for Multiple Awards - May 30th, 2012 [May 30th, 2012]
- Internet Marketing Inc. Names Ben Norton New President & COO - May 30th, 2012 [May 30th, 2012]
- A 'bat signal' for the open Internet - May 30th, 2012 [May 30th, 2012]
- Internet dating safety bill in Illinois would disclose background check policies - May 29th, 2012 [May 29th, 2012]
- Internet Defense League Crafts 'Bat Signal' for the Web - May 29th, 2012 [May 29th, 2012]
- Keep the Internet an open forum - May 28th, 2012 [May 28th, 2012]
- Internet Retailing in Emerging Markets: Long-Term Growth Opportunities in BRIC Countries - May 28th, 2012 [May 28th, 2012]
- Internet Shows Signs of Challenging TV for Attention - May 28th, 2012 [May 28th, 2012]
- Internet Freedom Advocates Take a Page From Caped Crusader - May 27th, 2012 [May 27th, 2012]
- Internet Defense League plans ‘Bat-Signal’ for the Web to combat dangerous bills - May 26th, 2012 [May 26th, 2012]
- Internet Defense League introduces 'cat signal' for websites - May 26th, 2012 [May 26th, 2012]
- No Parachute Skydive ~ Things I Found on The Internet Friday ~ Episode #2 [HD] - Video - May 25th, 2012 [May 25th, 2012]
- Employment up over 40% at First Internet Bank - May 25th, 2012 [May 25th, 2012]
- Internet phone service bill advances in California Senate - May 25th, 2012 [May 25th, 2012]
- How Alcatel-Lucent made the Internet 5 times faster - May 23rd, 2012 [May 23rd, 2012]
- Chrome overtakes Internet Explorer as No. 1 browser -- maybe - May 23rd, 2012 [May 23rd, 2012]
- Atlantis Internet Group Adds Two More Tribes to Its Tribal Gaming Network - May 23rd, 2012 [May 23rd, 2012]
- Internet domain name project relaunches after software bug - May 23rd, 2012 [May 23rd, 2012]
- Meet the Man Who Invented the Instructions for the Internet - May 20th, 2012 [May 20th, 2012]
- Internet Governance Must Ensure Access for Everyone – UN Exp - May 20th, 2012 [May 20th, 2012]
- Chinese Internet Stocks Posting Mixed Results - May 20th, 2012 [May 20th, 2012]
- Ellen Through Time - Video - May 17th, 2012 [May 17th, 2012]
- Aaron Sorkin hates the Internet. Why does he keep writing about tech geniuses? - May 17th, 2012 [May 17th, 2012]
- Research and Markets: Internet and Online Privacy: A Legal and Business Guide - May 17th, 2012 [May 17th, 2012]
- Internet usage patterns may signify depression - May 17th, 2012 [May 17th, 2012]
- THE AMAZING SPIDER-MAN (3D) - 4 MINUTE SUPER PREVIEW - Video - May 15th, 2012 [May 15th, 2012]
- Internet Week New York: Facebook opens doors - May 15th, 2012 [May 15th, 2012]
- Internet radio on the rise thanks to social media and tablets, says study - May 15th, 2012 [May 15th, 2012]
- Rising Internet Use Fuels Teen Smartphone Addiction - May 15th, 2012 [May 15th, 2012]
- Internet Radio Not Quite Warming to Social Media Yet - May 15th, 2012 [May 15th, 2012]
- Internet Broadcasting Adds New HTML5 Ad Products To Give Clients More Options For Rich Mobile Advertising - May 15th, 2012 [May 15th, 2012]
- NextLevel Internet Expands Executive Management Team - May 15th, 2012 [May 15th, 2012]
- Internet Society Launches Regional Office in Singapore - May 15th, 2012 [May 15th, 2012]
- Internet news saved forever? - Video - May 12th, 2012 [May 12th, 2012]
- Internet safe spot planned at ".secure" domain - May 12th, 2012 [May 12th, 2012]
- Startup proposes a safer Internet locale via a '.secure' domain - May 12th, 2012 [May 12th, 2012]
- California regulator delays taking stand on Internet phone measure - May 12th, 2012 [May 12th, 2012]
- Internet Explorer Rumored to be Heading to Xbox 360 - May 12th, 2012 [May 12th, 2012]
- Internet gambling in N.J. rolls one step closer to reality - May 12th, 2012 [May 12th, 2012]
- Seeking Chen Guangcheng's freedom in China via 'Internet meme' - May 9th, 2012 [May 9th, 2012]
- ThinkGeek Ascends to #175 in Internet Retailer's 2012 Top 500 List - May 9th, 2012 [May 9th, 2012]
- Clearband Hi-Speed Internet Services Launches in South Florida - May 9th, 2012 [May 9th, 2012]
- Internet Gold Reports First Quarter 2012 Financial Results - May 9th, 2012 [May 9th, 2012]
- Internet revolution bypasses rural India: Survey - May 6th, 2012 [May 6th, 2012]
- UK wants Internet providers to block porn by default - May 6th, 2012 [May 6th, 2012]
- Internet group: Quality over speed in new domains - May 6th, 2012 [May 6th, 2012]
- Internet Adventure Hour: Interview with Hannah Hart - Video - May 2nd, 2012 [May 2nd, 2012]
- Blogger: 'I'm leaving the Internet' - May 2nd, 2012 [May 2nd, 2012]